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HomeMy WebLinkAboutCC Min 1994-04-25 / 4-11-94 f 4-25-94 would be delegated to other staff persons. Mr. Kredell likened a white collar crime to any other crime. An explanation was offered that it would be non-violent versus violent crimes. Mr. Kredell claimed the local papers reported retention of prisoners for ninety days also revenue of $150,000, to which he said one, not two, officers could be obtained for that amount. He recalled also the prior use of liaison officers for beach patrol 1--. during summer months, usually young, capable teachers, suggested that that program be reinstated in lieu of a substation, and posed the example of Bolsa Chica, three miles of beach, patrolled by two lifeguards, with weapons, during the winter. There being no further comments, Mayor Forsythe declared Oral communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, April 25th at 6:15 p.m. The meeting was adjourned by un~us consent at 8:28 p.m. ! /LV ~ C}~ Clerk and ex-off1ci Qlty of Seal Beach Attest: ~"''''''~'\'\''\\\ .#"0.... SEAL 8 \''It =-"'" ........ I: 11 .:, ..~o'po.t.......~f"'o I, ,,, . .... ....,. '.ooIt'. 'J :f c..; ~..,~ ~o... -, (~ :;...: ~. ':.iC~' ~ . . ~ ~O: : ~ ~ . . <~ ~\lQ'O <i:!i::: "P'.~ ..^-~ --1.:...0 ..,".~~ 11.....^ -., 111'11., ,q' ..' ~O;: '(~""'" .7. " '\...- ,~ C' ........ ~~.: OUNf'< ,c.."",$ \\\\\,~,~...~ I Approved: Seal Beach, California April 25, 1994 The regular adjourned meeting scheduled for 6:15 this date was cancelled due to the lack of Closed Session items requiring discussion. HIS~ day of April, 1994. /11,~ . I e~, it; erk' of Seal Beach I' Seal Beach, California April 25, 1994 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag: I I I 4-25-94 ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings, Laszlo None Absent: Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk APPROVAL OF AGENDA The City Manager requested the addition of one item to the agenda under City Manager Reports, and that Item "K", the Unocal off-shore oil separation application to the Coastal Commission, be removed from consideration. Councilman Doane requested that Item "c" be removed from the Consent Calendar, and Councilman Laszlo requested Item "I" be removed. The City Attorney noted that the item requested to be added to the agenda arose after the posting of the Council agenda and requires a four-fifths vote to do so. Doane moved, second by Brown, to add the City Manager item relating to the Presidential Executive Order declaring Wednesday, April 27th, as a national day of mourning in memory of former President Richard Nixon, and a determination of the Council as to closure of City Hall. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ORAL COMMUNICATIONS Mayor Forsythe declared Oral communications open. Mr. Robert Reince, Loyola Plaza, requested that an item be placed on the next Council agenda relating to a project that began this date at Edison Park of which the immediately adjacent residents were not made aware. On behalf of a handicapped resident, Mr. Jim Klisanin, 122 - 7th Street, inquired about curb cuts at 13th and 14th Streets and Dolphin Avenue. The city Manager explained that curb cuts are constructed in conjunction with the sidewalk repair program, that program conducted annually as funds permit, noted that the Council recently approved the sidewalk program for the upcoming year, and under the Americans With Disabilities Act curb cuts are a requirement when street improvements are made. Mr. C. W. Gilkrist, Loyola Plaza resident, reiterated the request of Mr. Reince to place the Edison Park matter on an upcoming agenda. The city Manager said he believed the reference was to the installation of a sand volleyball facility at Edison Park. He noted that an association was formed about a year ago to look into upgrading and making improvements in that Park, the volleyball facility being one of the recommendations and for which monies have been raised, the location, size, and installation was referred to the Parks and Recreation commission, that body reviewed and approved it, however upon direction of the council this matter could be scheduled for the next agenda, with work at the site suspended until then. councilman Brown requested that the Edison Park matter be agendized for the next meeting inasmuch as the improvement association failed to involve the residents of the immediate area in their recommendation. Mr. Gordon Shanks, 215 Surf Place, directed his comments to misinformation during election campaigns, making specific reference to the record reflecting the Council action approving BJ's Pizzeria, the vote for which was unanimous. Mr. Galen Ambrose, Seal Beach, commented on the upcoming District One run-off election as well, indicating his support for the Council as presently seated. Mr. Ambrose voiced concern with the crime bill under consideration by congress, a 4-25-94 provision of which would allow expanded appeal rights for ethnic minorities, which he claimed is another means of escaping the death penalty. He was critical of federal representatives, creating a government for a few rather than all the people. There being no further comments, Mayor Forsythe declared Oral communications closed. CONSENT CALENDAR - ITEMS "A" thru "L" Hastings moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar, except Items "C", "I" and "K", as presented. I A. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. B. Approved regular demands numbered 5091 through 5240 in the amount of $280,288.60 and payroll demands numbered 6134 through 6336 in the amount of $263,024.97 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. D. Received and filed the staff report regarding AB 2742, regulation of liquor stores, and authorized the Mayor to sign a letter of support to allow for greater coordination between cities and the Alcoholic Beverage Control Board, and require more accountability from operators of liquor stores to their local community. I E. Approved the minutes of the February 28th regular adjourned and regular meetings, the March 14th regular adjourned and regular meetings, the March 28th regular adjourned and regular meetings, and the April 5, 1994 regular adjourned meeting. F. Received and filed the Annual Financial statement of the City of Seal Beach for fiscal year 1992/93. G. Proclaimed May 14th, 1994 as "Fire Service Recognition Day." H. Proclaimed September 25, 1994 as "Race For The Cure Day." L. Received and filed the Monthly Investment Report as of March 31, 1994. Adopted Resolution Number 4297 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REAFFIRMING THE NEED FOR ZERO- EMISSION VEHICLES AS MANDATED IN CALIFORNIA's LOW EMISSION AND CLEAN FUELS REGULATIONS." By unanimous consent, full reading of Resolution Number 4297 was waived. I J. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I I I "'1 '1' If. ; ~:.~; '~."" 4-25-94 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "c" - AB 2897 - OVERCONCENTRATION OF LIOUOR LICENSES Councilman Doane spoke for Council support of AB 2897. He noted that even though more liquor establishments on Main Street is not desirable, the legislation is not specific to a given area and suggested that it be made clear that there should be flexibility to allow consideration on a case by case basis of an alcohol license for a restaurant, as an example, to locate in other areas of the community. In reference to distribution of copies of the letter, he asked that the 'Orange County League of cities' be correctly identified as the 'Orange County Division of the League of cities.' Mayor Forsythe requested that the statement "our community has not had problems of this nature in the past" be deleted from this letter. Doane moved, second by Laszlo, to receive and file the staff report relating to AB 2897, that the Mayor be authorized to sign the letter, as amended, in support of the prohibition of new retail liquor licenses in areas which are defined as having an overconcentration, and that this item be forwarded to the Planning Commission for their information. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "I" - CLAIM FOR DAMAGES - FEARENCE Councilman Laszlo described this claim as an alleged bite by an animal off-site of the Care Center, being shown for adoption, a claim having no validity, and noted that claims such as this quite often limit the city's ability to accomplish requests of residents due to the potential of liability. Laszlo moved, second by Hastings, to deny the claim for damages of Shivante D. Fearence and mother, Patricia A. smith. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ITEM "K" - UNOCAL - OFF-SHORE OIL SEPARATION The Mayor noted that Item "K", support for the Unocal Off-Shore oil Separation application to the California Coastal commission, had been removed from consideration at this time. COUNCIL ITEMS REGIONAL AIRPORT AUTHORITY Councilman Laszlo explained that the Airport Authority consists of approximately six cities and Seal Beach has been invited to Officially join. He said a goal of the Authority is to resolve passenger and commercial airport issues in orange County, including possible airport use of EI Toro. Members of the Council indicated support for joining the Authority with the condition that Seal Beach not advocate an airport at the EI Toro location until more information and other alternatives are known, also that the council designated representative provide periodic status reports for information of the Council. It was the consensus of the Council to reaffirm joining the Orange County Regional Airport Authority, as previously indicated by Resolution Number 4282, and that Councilman Laszlo be designated as the representative thereto. EL TORO REUSE PLANNING AUTHORITY councilman Laszlo reported this Authority has been formed to study the reuse of the EI Toro Marine station, now scheduled for closing in 1996, this group in lieu of the Board of Supervisors or their selected committee making the reuse recommendations. He stated the Authority is to consist of all Orange County cities and recommended that Seal Beach take action to join. He 4-25-94 noted there is also an initiative effort pending in order to bypass recommendations of this committee for a direct vote of the people regarding airport use of El Toro. It was the consensus of the Council to designate Councilman Laszlo as the representative to the El Toro Reuse Planning Authority. CITY MANAGER REPORTS 1-' The City Manager noted the Presidential Executive Order designating April 27th as a day of tribute to former President Nixon, however it has been indicated that Governor wilson will not be making a like declaration for a State holiday. He explained that federal offices will be closed, state offices will not, School Districts will likely fall under state guidelines unless there is a different action taken at the local level, some cities have declared their offices to be closed, and the orange County Board of Supervisors will consider the matter tomorrow. Brown moved, second by Hastings, that Seal Beach offices remain open and that the flags be flown at half-mast. Following further discussion, a motion was accepted to close City offices to the public however the employees will report for work. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried The city Manager made reference to a newspaper article reporting that sand delivery trucks were to have started this date, to which he explained that the availability of the sand to the City will not occur for at least another thirty days. He advised that the Army Corps of Engineers permit to proceed has just been issued, the pocket of sand that will be available is about 300,000 cubic yards, of which about 150,000 cubic yards is required by the prime contractor for concrete mixing purposes. He noted that there are further permitting processes that need to be completed as well as agreements with the contractor, thus far approvals have been received from state Lands, Coastal Commission, and Air Quality Management District, with the Departments of Fish and Game and Fish and Wildlife providing their comments to the Army corp during their forty-five day review period. I COUNCIL CONCERNS Mayor Forsythe mentioned that the same newspaper reported the City as having taken a stand against the initiative to ban smoking, which she explained is a tobacco industry backed initiative and if passed would remove the power of local jurisdictions to establish their own smoking regulations and would mandate that a certain percentage of restaurants allow smoking in their facilities. She clarified that the sand did not arrive this date nor did the city take a position against a ban of smoking. councilmember Hastings made reference to a campaign flier that claimed there is a proposal for a parking lot in the 200 block of Seal Beach Boulevard, to which she read an excerpt from the October 25, 1993 Council minutes to clarify that a parking lot has not been proposed at that location by herself or the city, rather was a suggestion of a private citizen. I ORAL COMMUNICATIONS Mayor Forsythe declared Oral communications open. Ms. Seretta Fielding, 223 Seal Beach Boulevard, expressed her belief in elections and the right of everyone to their opinions. Ms. Fielding said as a point of clarification she had attended a meeting at the Naval weapons station and she, as well as others, spoke with Mr. Williamson of the Station, discussing a parking lot on the Naval Base or Seal Beach Boulevard with a trolley running to Main Street, that proposal was not sought by the City I I I ,,' 4-25-94 I 5-9-94 but was initiated by Mr. Walt Miller. She added that she was not in favor of the proposal, the City Manager had informed her that the city had not taken a position and he did not feel the city would be supportive of such proposal as well, yet Ms. Fielding said that the parking lot proposal has not been canceled, it has not been denied by the attorneys for the Naval Base, and that fact can be verified with Mr. Williamson. She claimed that Mr. Miller retained professional lobbyists on his behalf and in a letter to Navy personnel stated that the city and the community were in favor of the proposal, to which she said it must be understood that this is not a closed subject. Mr. Galen Ambrose, Seal Beach, objected to declaring more government holidays at the expense of the private sector employee. There being no further comments, Mayor Forsythe declared Oral communications closed. ADJOURNMENT It was the order of the Chair, with consent of the council, to adjourn the meeting until May 9th, 1994 at 6:15 p.m. The meeting was adjourned by u~ous consent at~:55 p.m. (/ I/", I '-- '. !J c~t Clerk and ex-o of the ~ty of Seal Beach Approved: ~~~#,- /" . Mayor I~Jh~ ~ 1/ c~ty Cler "........"~'''''\\\\\ fOf SEAL /1 111I - -\ ....... t:: I, S~ ...--:'o"OIt"t;..~C'. III ::! (..i ... ,'I/o "0... -s. fIJ. ~*: ~. ~...~. ~ . . ~ ~o: :<~ '/.j . ._~ 1'.:\'" ,0",-", o':;;::?:! l'" ..f"... ,....:Q:~ 1,,-.0 ~,. 'I G' '. ~'. ]1 ,q'.. ..o'if h.'(:'.... ... "'::: -'] C ......... "'"'.,;~ 'h\\ OUNl'l,c.,so.:::" \\\\\\,,~~- Attest: Seal Beach, California May 9, 1994 The City Council of the city of Seal Beach met in regular adjourned session at 6:13 p.m. with Mayor Forsythe calling the meeting to order. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Forsythe Absent: Councilmembers Hastings, Laszlo Also present: Mr. Bankston, City Manager Mr. Barrow, city Attorney Mrs. Yeo, city Clerk APPROVAL OF AGENDA The City Attorney recommended that the agenda be approved b~ motion of the Council and, pursuant to Government Code Sect~on 54956.9(a), that the finding set forth on the r7vised,age~da that 'based on the advice from legal counsel, d~scuss~on ~n open session would prejudice the position of the l07al agency in,the litigation subject to discussion' be included ~n the approv~ng motion. Brown moved, second by Doane, to approve the agenda as presented and the finding as set forth on the revised agenda and as stated by the City Attorney.